• Vancouver at night

Cannabis Act Offences

The Charge

The newly enacted Cannabis Act provides a framework for legalizing, regulating and restricting access to cannabis in Canada. The goals of the Act are to restrict youth access to cannabis and to provide for the legal production and distribution of cannabis while promoting safe use and public awareness of the health risks associated with cannabis. The Act imposes serious criminal penalties on people who break the law, especially those who import or export cannabis illegally, produce cannabis illegally or provide cannabis to youth.

What is legal?

Subject to provincial or territorial restrictions, adults who are 19 or older (in British Columbia) may legally:

Purchase limited amounts of fresh cannabis, dried cannabis, cannabis oil or cannabis plants from authorized retailers;
Possess up to 30 grams of legal dried cannabis or equivalent in non-dried form;
Consume cannabis in locations authorized by local jurisdictions;
Grow up to 4 plants per household;
Share up to 30 grams of dried cannabis or equivalent with other adults.

What remains illegal?

All possession, production and distribution outside the legal system of the Cannabis Act remains illegal. The Act sets out various offences for “Criminal Activities,” with up to a maximum penalty of 14 years in jail.

To protect youth, the Cannabis Act prohibits selling cannabis to anyone under 18 years of age. Giving or selling cannabis to youth or involving a youth to commit a cannabis related offence (such as distribution) are punishable by jail.

Possession of illicit cannabis is unlawful under the Act. Illicit cannabis is cannabis obtained from a source other than a government or other licenced cannabis retailer.

Ticketable Offences

The Cannabis Act, under section 51, sets out that for the more minor cannabis offences, police may commence proceedings by issuing a ticket and a summons to attend court. The types of ticketable offences include minor contraventions such as:

  • Possessing more than 30 but less than 50 grams of dried cannabis or its equivalent;
  • Possessing up to 50 grams of illicit cannabis;
  • Distributing or selling up to 50 grams of cannabis;
  • Possessing 5 or 6 cannabis plants.

The fine for most Cannabis Act ticketable offences is $200.00. Of note, if a person pays the fine within the time period set out by regulation, the person, under s. 52 is found guilty but deemed to have received an absolute discharge.

Criminal Offences

Other than the ticketable offences for minor cannabis offences, the Cannabis Act calls for the criminal prosecutions in cases where, for example, the person is charged with:

  • Possessing more than 50 grams of dried cannabis (or its equivalent) in a public place;
  • Distributing more than 50 grams of dried cannabis (or its equivalent);
  • Distributing cannabis to an individual under 19 years of age (in British Columbia);
  • Exporting cannabis;
  • Producing, cultivating, propagating or harvesting cannabis in excess of 6 plants without authorization.

Recent Successes

R. vs. J.T. - Surrey Provincial Court

Charges: Assault; Resist /Obstruct Police.
Issue: Whether there was a substantial likelihood of a conviction and whether there was a public interest in proceeding with the charges.
Result: Mr. Johnson provided Crown with additional information regarding the alleged facts of the assault complaint and the excessive force used by police in arresting our client.  Ultimately Mr. Johnson persuaded Crown counsel to stay the proceedings on both charges. No criminal record.

R. vs. J.M. - Vancouver Provincial Court

Charge: Assault Causing Bodily Harm.
Issue: Whether it was in the public interest for our client to receive a conviction on this charge.
Result: Mr. Johnson was able to persuade the Court to grant our client a conditional discharge. No conviction.

R. vs. T.A. - Vancouver Provincial Court

Charge: Commit Indecent Act.
Issue: Whether it was appropriate for Crown to proceed with the charge.
Result: Mr. Mines was able to present information on our client's behalf and was able to persuade Crown counsel that there was no longer any public interest in proceeding with this matter. Stay of proceedings. Warrant cancelled. No criminal record.

R. vs. H.L. - Vancouver Provincial Court

Charge: Driving While Prohibited.
Issue: Whether it was in the public interest to proceed with the charge.
Result: Mr. Johnson was able to persuade Crown to proceed on the lesser offence of driving without a valid licence. Rather than a mandatory minimum 12 month driving prohibition, our client was sentenced to a $300 fine and a 3 month prohibition.

R. vs. L.W. - North Vancouver Provincial Court

Charge: Criminal Harassment (reduced to Peace Bond).
Issue: Whether it was in the public interest for Crown to prosecute our client on the criminal harassment charge;
Result: Mr. Johnson was able to persuade Crown to stay the criminal charge upon our client entering into a s. 810 Peace Bond for 12 months. No criminal record.

R. vs. K.M. - Surrey RCMP Investigation

Charge: Sexual Assault.
Issue: Whether there was sufficient evidence to meet the Crown's charge approval standard.
Result: Mr. Johnson was able to steer our client through the investigation and was able to provide information to police and Crown which culminated in Crown counsel's decision to not approve any charges. No criminal record.

R. vs. P.H.S. - Vancouver Provincial Court

Charge: Driving While Prohibited.
Issue: Whether it was in the public interest for Crown to proceed with the charge.
Result: Mr. Johnson was able to persuade Crown to allow our client to plead to s. 24(1) of the Motor Vehicle Act. Rather than the mandatory minimum 12 month driving prohibition, our client was sentenced to a $300 fine and a two month driving prohibition.

R. vs. K.K. - North Vancouver Provincial Court

Charges: Sexual Assault x2; Sexual Interference.
Issue: Given the extensive information that we were able to provide to Crown counsel, whether there remained a substantial likelihood of a conviction.
Result: Mr. Johnson was able to persuade Crown counsel to enter a stay of proceedings on all counts. No jail. No criminal record.

R. vs. C.F. - Port Coquitlam Provincial Court

Charge: Assault (reduced to s. 810 Peace Bond).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was appropriate for Crown to proceed.
Result: Mr. Mines was first able to persuade Crown to proceed on a Peace Bond application rather than the criminal assault charge. He was then able to persuade Crown to withdraw its Peace Bond application. No criminal record.

R. vs. T.K.- Abbotsford Provincial Court

Charge: Driving without consideration; driving past police vehicle; speeding.
Issue: Whether it was in the public interest to proceed with all counts, which upon conviction would have led to a driving prohibition.
Result: Mr. Mines was able to negotiate a resolution where our client pleaded guilty to only a three point speeding ticket and police withdrew the remaining counts. Our client was sentenced to a fine. No driving prohibition.

R. vs. E.W. - Vancouver Provincial Court

Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest for our client to receive a criminal conviction.
Result: After hearing Mr. Johnson's submissions on our client's behalf, the court granted our client a conditional discharge. No criminal conviction.

R. vs. J.D. - Vancouver Provincial Court

Charge: Driving while Prohibited.
Issue: Whether it was in the public interest to proceed with this charge which carries a one year mandatory minimum driving prohibition.
Result: Mr. Johnson was able to persuade Crown counsel to permit our client to resolve this matter by pleading guilty to the lesser offence of driving without a valid licence. Our client was sentenced to a fine. No driving prohibition.

The Defence

Because the Cannabis Act retains the power to regulate and punish for “criminal activity” associated with unauthorized distribution and possession of cannabis, criminal law defences will continue to apply to cannabis prosecutions.

Unreasonable Search

Section 8 of the Charter guarantees the right to be free from an unreasonable search. As experienced drug lawyers, we will analyze the actions of investigating officers to test whether police have, in fact, conducted a lawful search, based on reasonable grounds. Where police overreach their authority, and conduct a search based on a mere hunch or suspicion we will apply to the court under s. 24(2) of the Charter to have the evidence obtained through the unreasonable search excluded at trial. Without the admission of the cannabis that was unlawfully obtained, the court will find insufficient evidence to convict.

The Cannabis was not for the purpose of distribution or sale

In order to prove that possession was for the purpose of distribution or sale, the Crown will usually bring a police expert to court who will testify that the circumstances of the seizure, along with the packaging and weight of the cannabis tend to prove that the cannabis was intended to be distributed. Our experience in defending drug charges allows us to develop arguments aimed at challenging expert opinion that the circumstances of the cannabis seizure are only consistent with distribution and not simple possession. In many cases we have succeeded in negotiating possession for distribution charges down to simple possession charges to avoid jail sentences for our clients.

Lack of Possession

In many situations, accused persons are arrested without cannabis directly in their possession. For example, they may be driving someone else’s car and cannabis is found in an unmarked box in the trunk. A roommate may be charged with possession for distribution but none of the cannabis is found in their personal space of the residence. In these situations, the Crown will seek to prove possession through indirect, or circumstantial evidence. As experienced defence lawyers, we understand the Crown’s burden in proving that an accused had the requisite knowledge and control of the cannabis in order to be convicted. We are dedicated to holding the Crown to the high standard that the law requires when prosecuting cannabis offences. We are committed to defending our client’s rights as guaranteed by the Charter.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.